Search Results for "specific performance decree"

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Supreme Court

"Timely Compliance in Specific Performance: Supreme Court Reiterates Limits and Discretion" "Clarifying the interplay of judicial discretion and statutory provisions under Section 28 of the Specific Relief Act, 1963."

17 Jan 2025

The Supreme Court upheld the decision of the High Court, dismissing revision petitions that sought rescission of contracts for alleged non-compliance ...

Supreme Court

Possession Relief in Specific Performance Decree: Supreme Court Clarifies Law. Even without an express relief for possession in a specific performance decree, the court can enforce possession rights under the Specific Relief Act and Transfer of Property Act.

6 Dec 2024

The Supreme Court upheld the High Court’s order that directed the executing court to hand over possession to the decree-holder, even though the decr...

High Court

High Court Resolves Dispute over Shareholding in Hospital Project. Specific Performance Decree Enforces Sale of 50% Shares Amid Conflicting Bids and Automatic Sale Clause Dispute.

19 Sep 2024

The Bombay High Court delivered a judgment concerning a business dispute between Ashok Kumar Kothari and Sanwarlal Agarwal over the shareholding of a ...

Supreme Court

Supreme Court Upholds Execution Court's Jurisdiction to Extend Time for Deposit in Specific Performance Case. Application for Extension of Time and Rescission Must be Treated as Part of Original Suit, Not Execution Proceedings.

3 Sep 2024

The Supreme Court of India upheld the jurisdiction of the Execution Court to extend the time for depositing the balance sale consideration in a specif...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

Supreme Court

Supreme Court Quashes Execution Proceedings in Specific Performance Decree Due to Procedural Violations Under Order XXI Rule 34 CPC. Execution Court's Failure to Serve Draft Sale Deed and Allow Objections, Coupled with Deviation in Executed Sale Deed from Decree Property, Vitiated the Proceedings, Requiring Fresh Compliance with Mandatory Procedure.

28 Feb 2022

The dispute arose from an agreement to sell property dated 28.01.2006, where the respondents sued for specific performance against the appellant. The ...

Supreme Court

Supreme Court Reverses High Court Judgment in Land Title Dispute Due to Jurisdictional Error and Procedural Defects. High Court Exceeded Authority Under Section 100 CPC by Re-appreciating Evidence Without Framing Substantial Question of Law, and Specific Performance Decree Was Invalid for Non-Impleadment of Necessary Parties.

17 Jan 2022

The dispute involved a long-standing conflict over land measuring 0.08 cents, part of a larger 50-acre parcel, with origins dating back to the 1960s. ...

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